SMS Terms & Conditions

You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from Uncommon Goods, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply.

Message frequency will vary. Uncommon Goods reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Uncommon Goods also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so.

Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Uncommon Goods, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.

You also agree to our Uncommon Goods Terms of Use and Uncommon Goods Privacy Policy.

We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).

Cancellation

Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that Uncommon Goods and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Uncommon Goods through any other programs you have joined until you separately unsubscribe from those programs.

Help

Text the keyword HELP to our shortcode to return customer care contact information.

Customer Care

If you are experiencing any problems, please visit https://support.attentivemobile.com/help/ and submit the form with details about your problem or your request for support, or email support@attentivemobile.com.

Contact

This message program is a service of Uncommon Goods, located at 140 58th Street Building B, Suite 5B, Brooklyn, New York 11220.

DISPUTE RESOLUTION ? AGREEMENT TO ARBITRATE

At Uncommon Goods, we hold in the highest regard our relationships with our customers and potential customers. Should a dispute arise, we work hard to make things right with every consumer, including those who purchase products from us. Sometimes, a third party may be necessary to help You and Uncommon Goods resolve our disputes, and this arbitration agreement (the "Arbitration Agreement") limits both You and Uncommon Goods to individual arbitration (or small claims court, if a claim qualifies) in all instances.

YOU AND UNCOMMON GOODS AGREE THAT ALL DISPUTES BETWEEN YOU AND UNCOMMON GOODS THAT ARE NOT RESOLVED INFORMALLY SHALL BE RESOLVED ON AN INDIVIDUAL BASIS THROUGH BINDING ARBITRATION OR IN SMALL CLAIMS COURT ONLY. YOU AND UNCOMMON GOODS ALSO AGREE TO WAIVE ANY AND ALL RIGHTS TO A TRIAL BY JURY AND TO PARTICIPATE IN ANY WAY IN A CLASS ACTION IN CONNECTION WITH ANY SUCH DISPUTES OR TO MAKE OR PROCEED WITH ANY CLAIM ON A COLLECTIVE OR CONSOLIDATED BASIS.

All Disputes Covered. The term "Disputes" shall be interpreted in the broadest possible sense and includes, but is not limited to, all statutory, regulatory, constitutional, contractual, common law, and tax-related claims, including claims alleging negligence, fraud, and misrepresentation, irrespective the relief being sought.

All Persons and Entities Covered. This Arbitration Agreement applies to all agents, attorneys, contractors, subcontractors, service providers, employees, and all others acting for, or on behalf of, you and Uncommon Goods. This Arbitration Agreement is binding not only on you and Uncommon Goods, but also your and Uncommon Goods' respective heirs, successors, and assigns.

Governing Law. This Arbitration Agreement is governed solely by the Federal Arbitration Act (FAA), 9 U.S.C. ?? 1 et seq. You and Uncommon Goods agree that this Arbitration Agreement involves interstate commerce for purposes of the FAA. State laws relating in any way to arbitration, including, but not limited to, the payment of arbitration fees and costs, shall not apply.

The Informal Settlement Process. Before pursuing a claim against the other in any forum, you and Uncommon Goods must first participate in the informal settlement process described in this section.

(a) To initiate the informal settlement process, the claiming party ("Claimant") shall send to the other a short, written statement ("Claim Statement") to the other party ("Respondent") with their full name, mailing address, email address, and the date(s) on which the Dispute arose explaining: (a) the nature and details of the Dispute sufficient to permit the Respondent to understand and investigate it; and (b) a proposal for resolving it (including any money being claimed and how that amount was calculated). Upon receipt of a Claim Statement, Respondent shall have the right to request additional information from the Claimant concerning the factual basis of the Dispute, as to which Claimant agrees to undertake a reasonable investigation and produce to Respondent. You agree to send Claim Statements by email to legal@uncommongoods.com or by certified mail, return receipt requested to Uncommon Goods, Attn: Legal Department, 140 58th St., B5A, Brooklyn, NY 11220.

(b) If the Claimant is represented by an attorney, the Statement must authorize the Respondent to disclose information relating to the Dispute to that named attorney. Claimant's attorney shall also sign the Claim Statement in a manner consistent with 28 U.S.C. ? 1746 or analogous state laws, certifying compliance with Rule 11 of the Federal Rules of Civil Procedure ("Rule 11").

(c) Once a Claim Statement fully satisfying the above requirements is received, Claimant and Respondent shall work in good faith to resolve the Dispute for a period of 60 days, which period may be extended by agreement. Sending a Claim Statement tolls the running of any applicable statute of limitations for the 60-day period beginning on the date the Claim Statement is received by Respondent.

(d) Failure to complete this informal settlement process in good faith is a material breach of the Terms, and no court or arbitrator shall have jurisdiction to hear or resolve any Disputes between you and Uncommon Goods. All Claimants initiating any arbitration under this Arbitration Agreement must include with its arbitration filing an affirmative representation that they have complied with and completed this informal settlement process.

Disputes Not Settled Informally May Only Be Resolved in Small Claims Court or By Individual Arbitration. At the conclusion of the 60-day informal settlement process, Disputes presented in a Claim Statement, but not resolved, may be asserted on an individual basis only in either (1) small claims court in: (a) the county or parish where you live, if such a court is available and has jurisdiction to hear the Dispute; or (b) another location you and Uncommon Goods agree on, but only if the Disputes (and the relief sought) qualify to be brought in that court; or (2) binding individual arbitration as provided for below.

No Class Actions. Except as expressly provided for in the Mass Arbitration set forth below relating to a Final Determination as described in the mass arbitration rules, you and Uncommon Goods agree that all Disputes must be resolved on an individual basis only. This means that: (a) neither you nor Uncommon Goods can bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action; (b) an arbitrator cannot combine multiple claimant's claims into a single case (or preside over any consolidated, class, or representative action); and (c) an arbitrator's decision or award in one person's case can only decide the Disputes of that claimant, not other claimants. Nothing in this section is intended to limit the relief available to either you as an individual or Uncommon Goods in any arbitration or small claims court case, including equitable relief that an arbitrator may be permitted to make available by applicable law. Nor does anything in this section limits your or Uncommon Goods' rights to resolve a Dispute by mutual agreement through a class-wide settlement of claims whether through mediation or otherwise.

Fees and Costs. You and Uncommon Goods will each bear their own costs and attorneys' fees in the event of a Dispute, provided, however, that either party may recover attorneys' and arbitral fees and costs to the extent permitted by applicable law or under applicable arbitration rules. If an arbitrator determines that an arbitration has been brought in violation of Rule 11, in bad faith, for an improper purpose, or to exert unfair pressure greatly disproportionate to the harm alleged, or that the demand was entirely frivolous, the arbitrator may award costs, arbitration fees, and attorneys' fees to the Respondent in connection with any such Disputes.

Changes. If Uncommon Goods changes this Arbitration Agreement after the date you last indicated acceptance to these Terms, you may reject any such change by providing written notice to Uncommon Goods within 30 days of the date such change became effective, as indicated by the "last updated on" language above. To be effective, the notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Agreement section. By rejecting such changes, you are agreeing that you will arbitrate any dispute between you and Uncommon Goods in accordance with the provisions of the "Dispute Resolution" section as of the date you last accepted these Terms. This written notice of objection must be sent to the following addresses: legal@uncommongoods.com or by certified mail, return receipt requested to Uncommon Goods, Attn: Legal Department, 140 58th St., B5A, Brooklyn, NY 11220.

Improperly Commenced Arbitration. If either party believes that the other has threatened to or initiated an arbitration in violation of this Arbitration Agreement, including, but not limited to, the Mass Arbitration requirements set forth below, the party against whom the arbitration has been threatened or initiated may seek an order from a court of competent jurisdiction enjoining the arbitration from being filed or continued, and awarding its fees and costs, including reasonable attorneys' fees, incurred in connection with seeking the order.

Survival. All provisions of the Arbitration Agreement shall survive any termination or expiration of any other agreement between you and Uncommon Goods.

Severability. Except as otherwise provided in the Mass Arbitration rules set forth below, if for any reason any provision of the Arbitration Agreement is held to be unenforceable, the remaining provisions of the Arbitration Agreement shall remain to the fullest extent permitted by law.

ARBITRATION RULES AND REQUIREMENTS

While there is no judge or jury in an arbitration, the arbitrator has the power to hear and resolve all claims and to award all the relief that a court could award to an individual and must interpret and apply this Arbitration Agreement as a court would.

To the extent that any cause of action or claim for relief cannot for any reason be addressed in arbitration, and unless otherwise provided in the Mass Arbitration rules, you and Uncommon Goods agree that any court proceedings shall be stayed pending the final resolution in arbitration of all arbitrable causes of action and claims for relief. This provision does not, however, limit any party's right to challenge in a court of competent jurisdiction an improperly commenced arbitration.

The results of any arbitration between you and Uncommon Goods shall be binding only as to the specific Dispute(s) resolved in that arbitration, and shall not be binding on you or Uncommon Goods in any arbitration or court proceeding involving a different Claimant.

Any court of competent jurisdiction will have the authority to enforce the requirements of this Arbitration Agreement and, if necessary, enjoin the filing or prosecution of any arbitrations and/or the assessment of fees for any arbitration not conducted in strict accordance with the requirements of this Arbitration Agreement.

Except as provided in the Mass Arbitration Rules, below, if you and Uncommon Goods disagree on whether a Dispute must be arbitrated, the scope of the arbitrator's powers, or the enforceability of any aspect of this Arbitration Agreement, the arbitrator alone shall have, to the fullest extent permitted by law, the sole authority to address such disagreements.

In any arbitration between you and Uncommon Goods, the Respondent may, but is not obligated to, make a written settlement offer at any time. The amount or terms of any settlement offer may not be disclosed to the arbitrator until after the arbitrator issues an award on the claim. If the award issued is less than the defending party's settlement offer or if the award is Respondent's favor, the other party must pay the defending party's costs incurred after the offer was made, including reasonable attorneys' fees, to the fullest extent permitted by applicable law.

The arbitration process will differ depending on whether your claim is pursued individually or as part of a mass arbitration, as explained below.

Individual Arbitration Rules. Except in cases of a Mass Arbitration (which is defined below), all arbitrations shall be before a single arbitrator of the American Arbitration Association ("AAA"). Arbitrations involving consumers will be governed by these Terms and the AAA Consumer Arbitration Rules ("Consumer Rules") and the AAA Consumer Due Process Protocol. The Consumer Rules shall apply if the dispute involves or is related to goods or services offered or purchased for personal or household use only, and not goods or services offered or purchased for any other use, including in support a business, job, or profession. All other arbitrations will be governed by these Terms and the AAA Commercial Arbitration Rules and the AAA Optional Appellate Rules. If there is a conflict between this Arbitration Agreement and any applicable AAA rules and protocols, this Arbitration Agreement will control.

Consumer arbitrations where no disclosed claims or counterclaims exceed $25,000 USD shall be non-appearance based and decided based on the submission of documents-only (including sworn statements) pursuant to R-29 of the Consumer Rules. However, at the discretion of the arbitrator, a hearing may be held in any consumer arbitration, with such hearing being held telephonically or by video conference, unless the arbitrator concludes that fundamental fairness requires an in-person hearing and the cost and inconvenience to the parties of such an in-person hearing is proportionate to the amount being claimed. Judgment on an arbitrator's award may be entered in any court that has jurisdiction to do so.

To begin an arbitration proceeding with the AAA, the claiming party must send a letter describing the Dispute and requesting arbitration to the American Arbitration Association Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043 or by filing a request online through the AAA website. If the party seeking arbitration is represented by an attorney, the attorney shall include with the letter a certification of compliance with Rule 11 of the Federal Rules of Civil Procedure ("Rule 11"), which statement shall be admissible in the arbitration. The arbitrator shall have the authority to impose sanctions as provided for by Rule 11.

If the AAA is for any reason whatsoever, including a failure to approve any aspect of this Arbitration Agreement, is unavailable, unable, or unwilling to handle an arbitration demanded under this Arbitration Agreement, you and Uncommon Goods shall negotiate in good faith for the substitution of an alternative arbitrator or arbitration organization to conduct the arbitration in full conformity with the requirements of this Arbitration Agreement. If you or Uncommon Goods are unable to agree on such an alternative, you and Uncommon Goods shall jointly petition a court of competent jurisdiction to appoint an arbitrator or arbitration organization pursuant to 9 U.S.C. ? 5 to conduct the arbitration in accordance with the requirements of this Arbitration Agreement.

Mass Arbitration Rules. If 25 or more claimants (each a "Mass Arbitration Claimant") or their lawyers file or disclose an intention to file demands for arbitration against Uncommon Goods raising substantially identical Disputes, and counsel for the claimants are the same or coordinated across these Disputes (a "Mass Arbitration"), these special mass arbitration rules shall apply. To the extent that this definition of a Mass Arbitration is different than the definition of a mass arbitration in the rules of any arbitrator or arbitration organization, you and Uncommon Goods agree that this definition of Mass Arbitration shall control. In the case of a Mass Arbitration, in the event of any conflict between these Mass Arbitration rules and any other provisions of this Arbitration Agreement, the Mass Arbitration rules shall control.

If there is a dispute over whether these Mass Arbitration Rules apply, such dispute shall be resolved by a court of competent jurisdiction only, and all arbitrations shall be stayed, and no arbitration fees or costs imposed, during the pendency of any such court proceeding (including any appeal). Disputes concerning the enforceability, legality, or interpretation of any provision of these Mass Arbitration rules shall be determined by arbitration in accordance with these rules after such court proceeding has concluded.

Any arbitration organization receiving a demand for arbitration in violation of these Mass Arbitration rules, including its definition of Mass Arbitration, shall dismiss such demand prior to the assignment of an arbitrator and prior to the imposition of costs or fees on the Respondent.

Each Mass Arbitration Claimant must complete the informal settlement process set forth above as a condition precedent to proceeding to any arbitration, including, but not limited to, the signed certification of compliance with Rule 11. The arbitrators in any arbitrations which may follow shall have the authority to impose sanctions as provided for by Rule 11.

If the informal settlement process is unsuccessful in resolving all Mass Arbitration claims, counsel for the Mass Arbitration Claimants and Uncommon Goods' counsel shall each select up to three (3) Mass Arbitration Claimants for bellwether arbitrations (not more than six (6) in total) to be each promptly decided individually under the Individual Arbitration Rules, above, with each case assigned to a separate arbitrator. If any other Mass Arbitration Claimants have filed claims in arbitration, they must be dismissed without prejudice, and their prompt dismissal is a condition precedent to the filing and commencement of any bellwether arbitrations. Each bellwether arbitration shall be completed within 120 days unless otherwise agreed to by the parties. No other demands for arbitration by Mass Arbitration Claimants may be initiated during the pendency of the bellwether arbitrations and the mandatory mediation process which follows, as described below.

Upon the resolution of the bellwether cases, Uncommon Goods' counsel and counsel for the Mass Arbitration Claimants shall participate promptly and in good faith in non-binding confidential mediation for a period of at least sixty (60) days to resolve all Mass Arbitration claims. This mediation shall be conducted by the AAA under its then-current mediation rules, unless Uncommon Goods and the Mass Arbitration Claimants mutually agree to another mediator and/or mediation procedure.

To the extent necessary to preserve any Disputes described by the Mass Arbitration Claimants in their Claim Statements, all statutes of limitation applicable to the described Disputes shall be suspended for all Mass Arbitration Claimants for the duration of the informal settlement process, the bellwether arbitrations, and mediation.

Those Mass Arbitration Claimants whose claims have not been resolved upon the conclusion of mediation may only pursue their disputes in small claims court (if the claim so qualifies) or in a documents-only arbitration with FairClaims, Inc. ("FairClaims") only, and not with the AAA or any other arbitration organization, under FairClaims' Small Claims or Fast Track arbitration rules (whichever is applicable), information about which is available here. The decisions obtained in the bellwether arbitrations may be submitted in connection with FairClaims arbitrations for their persuasive value only, and shall otherwise be confidential unless prohibited by law.

If these Mass Arbitration rules, or any aspect of them, is determined to be unlawful or unenforceable for any reason in a decision of any arbitrator or court as to which further review is foreclosed and all motions, appeals, and petitions for review have been resolved fully (a "Final Determination"), the Arbitration Agreement shall be null and void as to the Mass Arbitration Claimants on whose behalf such arbitration or court proceeding was brought. Final Determinations shall have no effect on the validity and enforceability of any other provisions of these Terms.